alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.3

THANKSGIVING COFFEE COMPANY, INC.

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Thanksgiving Coffee Company, Inc. (the Company) on Form 10-K for the year ended December 31,
2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, the undersigned Chief Financial Officer of the Company hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



| | (i) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (ii) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company for the periods
presented therein.
| | ---- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Sam KraynekChief Financial Officer March 31, 2010
Exhibit 32.2





CERTIFICATION


PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Charlotte A. Willson, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of NeoMagic Corporation on Form 10-Q for the quarterly period ended August 1, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report fairly presents in all material respects the financial condition and results of operations of NeoMagic Corporation.





Date  September 14, 2010


By:

/s/ Charlotte A. WillsonName:

CHARLOTTE A. WILLSONTitle:

Vice President, Finance and Administration

Principal Financial Officer








_____________________________________
**Exhibit 32.2**

**Certification Pursuant to 18U.S.C. Section 1350, as Adopted Pursuant to**

**Section906 of Sarbanes-Oxley Act of 2002**

I, Joel Boyarski, the Principal Financial Officer ofWorldGate Communications, Inc., hereby certify, pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that the Form 10-Q of WorldGate Communications,Inc., for the quarterly period ended September 30, 2006, which thiscertification accompanies, fully complies with requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) andinformation contained in the Septenber 30, 2006 Form 10-Q fairly presents, inall material respects, the financial condition and results of operations ofWorldGate Communications, Inc.

A signed original of this written statement requiredby Section 906 has been provided to WorldGate and will be retained by WorldGateand furnished to the Securities and Exchange Commission or its staff uponrequest.
| Dated: November 9, 2006 | /s/ JOEL BOYARSKI                             |
|-------------------------|-----------------------------------------------|
|                    | Joel Boyarski                                 |
|                    | Chief Financial  Officer                      |
|                    | (Principal  Financial and Accounting Officer) |

 

1

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Form of Stock Option Grant Document



 Exhibit 10.2 
 SAKS INCORPORATED 
 Stock Option Grant Document 

 «Name» 
 Name of Optionee 
 «Grant_Date» 
 Date of Grant 
 $«FMV_on_Grant_Date» 
 Stock Option Exercise Price 
 «Number_of_Shares» 
 Number of Shares Subject to the Stock Option 
 Dear Optionee: 
 This letter constitutes a
“Grant Document” referred to in that certain Stock Option Agreement dated [date of Agreement](the “Agreement”) between Saks Incorporated (the “Company”) and you. I am pleased to inform you
that the Company has awarded to you a Stock Option (the “Option”) for the number of shares of the Company’s Common Stock, indicated above. The Option was awarded to you pursuant and subject to the terms and conditions
(1) of the Company’s 2009 Long Term Incentive Plan (the “Plan”), (2) the Agreement, and (3) this Grant Document. 
 [You may exercise the Option at the time(s) and upon the conditions set forth in the Plan and the Agreement] 
 or 
 [You may exercise the Option as follows: 
 Insert vesting schedule if different than Agreement] 
  

			
	Saks Incorporated
		
	By:	 	/S/    CHRISTINE A. MORENA
	 Christine A. Morena
 Executive Vice President
 Corporate—Human Resources
**Exhibit 31.2**

 

**CERTIFICATIONS**

 

I, David H. Ownby, certify that:

 

1.     I have reviewed this annual report on Form 10-K/A Amendment No. 1 of Regal Entertainment Group;

 

2.     Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; and

 

3.     Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report.

 
| Date:   March 28, 2012 | /s/ DAVID   H. OWNBY       |
|-----------------------------|---------------------------------|
|                        | David   H. Ownby                |
|                        | *Chief Financial Officer*       |
|                        | *(Principal Financial Officer)* |

 

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BIONX IMPLANTS, INC. AND SUBSIDIARIES
                COMPUTATION OF EARNINGS (LOSS) PER COMMON SHARE
                                  (Unaudited)
                     (in thousands, except per share data)

Computation of Earnings (Loss) per Common Share

                                              For the Three Months Ended
                                                        March 31,
                                                 1996                1997
Primary:

Weighted average common shares outstanding       5,263               5,318
Weighted average incremental shares
  assumed to be outstanding related to
  common stock options and warrants granted
  and convertible preferred stock based
  on the treasury stock method                     253                 561
Weigted average convertible preferred stock
  (if converted method)                             -                1,053
Pro forma effect of charge issued pursuant
  to initial public offering as described
  in note 3 of notes to the March 31, 1997
  consolidated financial statements                 -                2,300
                                                  ----               -----


Totals                                           5,516               9,232
                                                 =====               =====

Net income (loss)                             $  (489)                 222
                                              ========               =====

Per share amount                              $ (0.09)                0.02
                                              ========                ====

Fully Diluted:

Weighted average common shares outstanding       5,263               5,318
Weighted average incremental shares assumed 
  to be outstanding related to common stock
  options and warrants granted and convertible
  preferred stock based on the treasury stock
  method                                           253                 561
Weighted average convertible preferred stock 
  (if converted method)                             -                1,053
Pro forma effect of shares issued pursuant to
  initial public offering as described
  in note 3 of the notes to the March 31, 
  1997 consolidated financial statements            -                2,300
                                                  ----               -----

Totals                                           5,516               9,232
                                                 =====               =====

Net income (loss)                                (489)                 222
                                                 =====               =====

Per share amount                              $ (0.09)                0.02
                                              ========               =====
**Exhibit 32.2**

**CERTIFICATION OF PERIODIC REPORT**

I, Barry J. Susson, Chief Financial Officer of Deb Shops, Inc. (the “Company”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

| (1) | The Quarterly Report on Form    10-Q of the Company for the quarterly period ended October 31, 2004 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and |
|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |                                                                                                                                                       |
|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------|
| (2)    | The information contained in    the Report fairly presents, in all material respects, the financial condition    and results of operations of the Company. |

Dated: December 9, 2004

|   | Barry J. Susson         |
|--------|-------------------------|
|        |                         |
|   | Barry J. Susson, CPA    |
|   | Chief Financial Officer |

 

----
#### SHEUSI, Respondent, v. ERIE R. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

March 13, 1912.)

Action by Salvatore Sheusi against the Erie Railroad Company. No opinion. Judgment and order affirmed, with costs.
Exhibit 13a





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the annual report on Form 20-F of LiveReel Media Corporation. for the year ended June 30, 2011, as filed with the Securities and Exchange Commission, I hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





1.  The annual report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and





2.  The information contained in the annual report fairly presents, in all material respects, the financial condition and results of operations of the registrant.





Date:  November 25, 2011
  /s/ J. Stephen WilsonJ. Stephen WilsonChief Financial Officer







A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the registrant and will be retained by the registrant and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>

                                                                    EXHIBIT 10.2

                                 "ADDENDUM #19"

THIS AGREEMENT, made as of March 31, 2004, by and between WEST RENTALS, INC.,
party of the first part as "LESSOR", said party being of the City of Wheeling,
Ohio County, West Virginia, and VALLEY NATIONAL GASES, INC., party of the second
part, as "LESSEE".

NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements hereinafter set forth, the parties hereto do hereby covenant and
agree as follows:

      1)    This Agreement is an addendum to and as well amends and modifies the
            Master Lease as well as any and all other addenda leases or
            contracts relative to the Pittsburgh (Spruce Way) Pennsylvania
            property subject hereof by and between LESSOR and LESSEE and all
            prior Addenda and amendments thereto (collectively "Lease").

      2)    For and in consideration of the payment of Two Hundred Twelve
            Thousand Fifty-eight Dollars ($212,058.00) by LESSOR to LESSEE, as
            of March 31, 2004, the Lease will be terminated as to the Pittsburgh
            (Spruce Way) Pennsylvania property, LESSOR will have total
            possession thereof, and LESSEE will have no further rights or
            obligations with respect thereto, including especially but not
            limited to any further obligation for the payment of rent.

      3)    This Addendum #19 memorializes the agreement of the parties as set
            forth in the correspondence of William A. Indelicato, Chief
            Executive Officer of LESSEE to Glatz and Obecny, PLLC dated March
            25, 2004, addressing buyout of the Lease for the Pittsburgh (Spruce
            Way) Pennsylvania property.

      4)    Except as amended and modified by this Addendum #19, the Lease will
            continue in full force and effect, fully binding on the parties
            hereto, their successors and assigns.

                                       1
<PAGE>

      IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed and delivered by their authorized officers and agents with full
authority therefore as of the day and year first above written.

WITNESSETH:

                                       WEST RENTALS, INC. LESSOR

/s/ Phyllis J. West                    By:  Gary E. West
----------------------------------     Its: President

                                       VALLEY NATIONAL GASES, INC. LESSEE

/s/ Robert D. Scherich                 By:  W A Indelicato
----------------------------------     Its: CEO

                                        2
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-6701

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ISIAH LAND,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Rebecca Beach Smith, Chief

District Judge. (2:01-cr-00197-RBS-1)

Submitted: June 5, 2013 Decided: June 14, 2013

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Isiah Land, Appellant Pro Se. James Ashford Metcalfe, OFFICE OF 

THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Isiah Land seeks to appeal the district court’s order 

treating his motion for a writ of error coram nobis as a 

successive 28 U.S.C.A. § 2255 (West Supp. 2012) motion, and 

dismissing it on that basis. The order is not appealable unless 

a circuit justice or judge issues a certificate of 

appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). A certificate 

of appealability will not issue absent “a substantial showing of 

the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) 

(2006). When the district court denies relief on the merits, a 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that the district court’s 

assessment of the constitutional claims is debatable or wrong. 

Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. 

Cockrell, 537 U.S. 322, 336-38 (2003). When the district court 

denies relief on procedural grounds, the prisoner must 

demonstrate both that the dispositive procedural ruling is 

debatable, and that the motion states a debatable claim of the 

denial of a constitutional right. Slack, 529 U.S. at 484-85. 

We have independently reviewed the record and conclude 

that Land has not made the requisite showing. See United States 

v. Winestock, 340 F.3d 200, 208 (4th Cir. 2003). Accordingly, 

we deny a certificate of appealability and dismiss the appeal.
3

We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional 

process.

DISMISSED
ex10a.htm


    


    


    Exhibit
10(a)

    


    


    


    Consent of Ernst
& Young LLP, Independent Registered Public Accounting Firm

    


    


    We consent to the
reference to our firm under the caption “Independent Registered Public
Accounting Firm” in Post-Effective Amendment No. 8 to the Registration Statement
(Form N-4 No. 333-141763) pertaining to
Lincoln Life & Annuity Variable Annuity Account H, which is incorporated by
reference into Post-Effective Amendment No. 10. We also consent to the use of
our reports dated (a)
March 25, 2009, with respect to the financial statements of Lincoln Life
& Annuity Company of New York and (b) March 20, 2009, with respect
to the financial statements of Lincoln Life & Annuity Variable
Annuity Account H, in
Post-Effective Amendment No. 7, which is incorporated by reference into
Post-Effective Amendment No. 10.

    


                                          /s/ Ernst & Young
LLP


    


    Philadelphia,
Pennsylvania

    December 17,
2009
#### UNITED STATES of America, Plaintiff-Appellee, v. Robert Genard BYRD, a/k/a Stank, Defendant-Appellant.

No. 10-7737.

United States Court of Appeals, Fourth Circuit.

Submitted: July 28, 2011.

Decided: Aug. 1, 2011.

Kathy Price Elmore, Orr Elmore & Er-vin, LLC, Florence, South Carolina, for Appellant. Carrie Ann Fisher, Assistant United States Attorney, Greenville, South Carolina, for Appellee.

Before SHEDD, AGEE, and DIAZ, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Robert Genard Byrd seeks to appeal the district court’s amended judgment granting the Government’s Fed.R.Crim.P. 35(b) motion and reducing Byrd’s sentence from 192 months to 132 months in prison.* Byrd’s counsel has filed a brief pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting there are no meritorious issues for appeal, but questioning whether the district court abused its discretion in not reducing Byrd’s sentence further. Byrd was informed of his right to file a pro se supplemental brief, but has not done so. The Government declined to file a responsive brief.

We lack the authority to review a district court’s decision concerning Rule 35(b) motions unless the ultimate sentence was imposed in violation of the law. *United States v. Hartwell,*448 F.3d 707, 712-14 (4th Cir.2006); *United, States v. Pridgen,*64 F.3d 147, 148-50 (4th Cir.1995); *see*18 U.S.C. § 3742 (2006). We conclude that the sentence Byrd received was not imposed in violation of the law. Thus, we lack the authority to review the district court’s amended judgment.

Because Byrd asserts no ground upon which this court may review the district court’s Rule 35 determination, nor has our independent review of the record, in accordance with *Anders,*revealed any such ground, we dismiss Byrd’s appeal. This court requires that counsel inform Byrd, in writing, of his right to petition the Supreme Court of the United States for fur*153ther review. If Byrd requests that a petition be filed, but counsel believes that such a petition would be frivolous, counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on Byrd. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*

*

 Byrd was originally sentenced to 300 months’ imprisonment. Pursuant to the amendment to the Guidelines for crack cocaine offenses, Byrd’s sentence was later reduced to 192 months' imprisonment.
**Exhibit 31.1**

**CERTIFICATIONS**

I, Hong Liang Lu,certify that:

1.     I havereviewed this quarterly report on Form 10-Q/A of UTStarcom, Inc.;

2.     Based onmy knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.     Based onmy knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4.     Theregistrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a.      Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b.      [Paragraphomitted pursuant to SEC Release Nos. 33-8238; 34-47986];

c.      Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

d.      Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

5.     Theregistrant’s other certifying officer(s) and I have disclosed, based onour most recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):

a.      Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

b.      Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.

Date: June 3, 2005
| /s/ HONG  LIANG LU                      |     |   |
|-----------------------------------------|----------|--------|
| Hong Liang Lu                           |     |
| *President and Chief Executive Officer* | * * |

 

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**Exhibit 32 (i)**

 

CERTIFICATION SECTION 1350

 

Inconnection with the Quarterly Report of Penns Woods Bancorp, Inc. (the “Company”)on Form 10-Q for the period ending September 30, 2007, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, RonaldA. Walko, Chief Executive Officer, certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)           the Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

(2)           the information contained in theReport fairly presents, in all material respects, the financial condition andresult of operations of the Company.

 
| /s/  Ronald A. Walko     |   |
|--------------------------|--------|
| Ronald  A. Walko         |
| Chief  Executive Officer |
|                     |
| November   7, 2007  |

 

----